Hencely v. Fluor Corp. · ¶92

Boyle, likewise, does not support petitioner's argument. Petitioner urges us not to “extend” the holding in Boyle, Brief for Petitioner 31, but that argument rests on the false premise that Boyle governs the preemption of all tort claims against government contractors. Boyle's holding concerns the preemption of claims based on a particular federal interest, namely, the Government's interest in “the performance of federal procurement contracts.” 487 U. S., at 506. When preemption is sought on the ground that the application of state law would impermissibly undermine that interest, Boyle provides a test for determining whether application of the state law in question would actually have that effect. It asks whether “(1) the United States approved reasonably precise specifications; (2) the equipment conformed to those specifications; and (3) the supplier warned the United States about the…

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